STATE OF HIMACHAL PRADESH Vs. HANS RAJ

JUDGEMENT

(1.) The sole question involved in the instant appeal is whether 14 of the Prevention of Food Adulteration s, 1955, framed under the Prevention of Food Adulteration Act, 1954 (shortly henceforth referred to as "the s and the Act respectively") has been contravened by the Food Inspector.

(2.) The facts of the case, in nutshell, is that on 16-11-1981 Shri J.K. Patyal (PW 2), after having disclosed his identify and also intention to purchase 450 grams of chillies powder against due payment for being analysed, purchased the said quantity and then transferred the same into three packets (envelopes) which were, after observing codal formalities, duly sealed in accordance with law One of such envelopes was sent by him to the Public Analyst, Punjab and Chandigarh, and the remaining two were deposited by him with the Local (health) Authority, Dharam-shala. The report of the Public Analyst revealed that the sample contained total ash 8.84% and ash insoluble 2.52% against the maximum prescribed standard of 8.0% and 1.30% respectively. Contents of the sample also were found to contain 2.10% grit and thus the sample having been declared adulterated, the Food Inspector obtained sanction from the sanctioning authority for the prosecution of the seller, namely, Shri Hans Raj, carrying on his business, i.e. a Karyana shop at Badukhar and thereafter prosecuted the offender.

(3.) During the pendency of the complaint Shri Surinder Kumar, a co-accused, along with the firm known as M/s Hans Raj and Sons, Damtal, were also impleaded as such The trial court on appraisal of evidence acquitted Surinder Kumar aforesaid but convicted Hans Raj, the present Respondent, vide his judgment dated August 22, 1986 which was appealed against by him.